Development of the pasture east of Post Office

Development of the pasture east of Post Office

Administrator

Chapel Trail Associates, LLC has had plans, approved since 1987, to develop the block that is just east of the Post Office (between 209th and 210th Avenues, on the north side of Pines Boulevard). This is the pasture that has a few cows and where the adult eagles have been seen collecting grass for the nest lining, and on at least one occasion, catching a Cattle Egret.

The City Planning and Zoning Board will consider, on May 14th 2009, at 6:30, an application by Chapel Trail Associates that essentially changes the use of this property from industrial and community facility use to commercial use. This would not change the "footprint" of the development of the block, and is not anticipated to significantly impact traffic density. I believe that this change would not affect the eagles any differently. I do not know whether any multi-story structures may be planned.

No matter how this plot is developed, it will permanently remove a foraging area that is of some importance to the eagles, and a source of nesting materials. Arguably, there are other similar areas within the eagles' territory. For example, there is a pasture of about the same size just west of Chapel Trail Nature Center, about one mile due north of the eagle nest site. It contains a few cattle and has grassland similar to the area that is slated for development by Chapel Trail Associates. I know of additional grasslands in the Harbor Lakes and GL Homes Environmentally Sensitive Lands in NW Miramar, about 1.5 miles southeast of the nest. There may be other such accessible grassland areas as well, especially along US-27. Cattle Egrets are not only found among cattle, as many may be seen along the edge of US-27 and other thoroughfares.

Since part of the construction will take place within 660 feet of the nest, and will create an unusual disturbance that is greater than that already present at that distance, the contractor may elect to obtain an eagle permit from FWC. Alternatively, the contractor may voluntarily follow FWC Eagle Management Guidelines to minimize disturbance during the nesting season. We can be reassured that the City of Pembroke Pines is aware of the potential impact upon the eagles.

Sharon Williams of the City Planning staff explained that this is a request "to modify the development program for the entire chapel trail development which is known as a development of regional impact or a DRI. Essentially, there are certain development rights left in their program like so many square feet of industrial and so many of commercial, and community facilities. The residential component has already been built out so that is not changing. The developer is asking the city to approve a plan that reduces the remaining square feet of industrial and community facility and increases the commercial square feet so that it is a wash in terms of any increased impacts to traffic. They are going to use this square feet, if approved, to develop the vacant land next to the post office.

"...The staff report has a condition regarding activities near the eagles nest and we are recommending that they submit documentation from the FWC that either a permit is not required or to submit an approved permit..."

An excerpt from the staff report states:

"The applicant is aware that a permit from the State of Florida Fish and Wildlife Commission (FWC) may be required prior to any construction activity due to the proximity of the subject parcel to the active Eagles Nest on the south side of Pines Boulevard on the Chambers property. Prior to the issuance of a building permit, the applicant will be required to submit documentation from the FWC that a FWC permit has been issued or a permit will not be required."

The staff recommendation follows:

"Transmit to the City Commission with a favorable recommendation with a determination that the proposed change does not constitute a substantial deviation and that prior to the issuance of a building permit, the applicant will be required to submit documentation from the FWC that a FWC permit has been issued or will not be required."

In sum, I believe that the impact of this project upon the Pembroke Pines eagles will be marginal. The positive response by the City and the School Board in following FWC guidance to protect the eagles' habitat outweighs the inevitable change in the urbanized landscape. This is only my opinion, and we should rely upon science and good data, rather than emotion, in evaluating this situation.

Chapel Trail Associates, Ltd., through their agent, Holland & Knight, LLP, is requesting approval of an application to modify the development order granted by Ordinance No. 843 for the Chapel Trail DRI, pursuant to Section 380.06, Florida Statutes, adopted by the City Commission on September 15, 1987, and as modified by Ordinance No’s 943 (adopted 11/28/90), 1009 (adopted 9/16/92), 1130 (adopted 8/2/95), 1332 (adopted 2/2/2000), 1418 (adopted 9/4/2002), 1462 (adopted 10/15/2003) and 1517 (adopted 6/8/2005). The DRI is a 1,850-acre mixed-use development generally located between Sheridan Street and Pines Boulevard, and between US 27 and NW 184th Avenue. The proposed change is to modify the DRI development program that would result in a simultaneous increase in commercial square feet (from 187,500 to 290,254) and decrease in industrial and community facility square feet (from 1,550,000 to 1,029,914 of industrial, from 224,200 to 189,816 of community facility). No changes in residential density or office uses are proposed.

The DRI is currently approved for 187,500 square feet of retail, 100,000 square feet of office, 1,550,000 square feet of industrial, 224,200 square feet of community facilities, and 3,662 dwelling units. See table below for modified development plan proposed by the subject NOPC:

The applicant has prepared a traffic analysis to determine PM Peak hour trip generation from the proposed change. According to the analysis, no increases in PM Peak hour trips will be generated by the proposed change. The proposed NOPC and revised traffic study were reviewed by the City’s Environmental Services Division, as well as by the State of Florida Departments of Transportation (DOT) and Community Affairs (DCA) with no objections and a finding that the proposed changes do not result in any increased regional impacts.

The applicant is aware that a permit from the State of Florida Fish and Wildlife Commission (FWC) may be required prior to any construction activity due to the proximity of the subject parcel to the active Eagles Nest on the south side of Pines Boulevard on the Chambers property. Prior to the issuance of a building permit, the applicant will be required to submit documentation from the FWC that a FWC permit has been issued or a permit will not be required.

Staff Recommendation: Transmit to the City Commission with a favorable recommendation with a determination that the proposed change does not constitute a substantial deviation and that prior to the issuance of a building permit, the applicant will be required to submit documentation from the FWC that a FWC permit has been issued or will not be required.

Re: Development of the pasture east of Post Office

I hate to see any plots of land that we have observed the eagles frequenting being developed. On the other hand...I know it is only a matter of time before this happens. I would be more concerned if we find development plans for the dead maleleuca area to the west and adjacent to the PP property. They all spend so much time there and it is another area that lends itself to observation of the birds other than the nest. I'm glad you stay on top of all these plans, Ken, and keep us from being surprised and hopefully able to have input when needed.

Re: Development of the pasture east of Post Office

It may be some comfort to realize that prior to the start of school this year, that "cow pasture" was largely covered in a thick tangle of brush. A few weeks into the school year they put up the fence and mowed down all of the brush, leaving a good portion of it laying on the ground. Soon after the cows appeared. I don't think that this is a resource that the eagles have relied upon for multiple years, as much as a recent and convenient supply of resources.